119-s93

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 93 Engrossed in Senate

    (ES) ]

<DOC>

119th CONGRESS
 1st Session
 S. 93

_______________________________________________________________________

 AN ACT

 To amend the Harmful Algal Bloom and Hypoxia Research and Control Act 
 of 1998 to address harmful algal blooms, and for other purposes.

 Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

 This Act may be cited as the ``Harmful Algal Bloom and Hypoxia 
Research and Control Amendments Act of 2025''.

SEC. 2. AMENDMENTS TO THE HARMFUL ALGAL BLOOM AND HYPOXIA RESEARCH AND 
 CONTROL ACT OF 1998.

    (a) Assessments.--

    (1) In general.--

Section 603 of the Harmful Algal Bloom and 
 Hypoxia Research and Control Act of 1998 (33 U.S.C. 4001) is 
 amended--
        (A) in the section heading, by striking 
 ``assessments'' and inserting ``task force, 
 assessments, and action strategy'';
        (B) in subsection

    (a) --
            (i) by redesignating paragraphs

    (13) and

    (14) as paragraphs

    (14) and

    (15) , respectively; 
 and
            (ii) by inserting after paragraph

    (12) the 
 following:
 ``

    (13) the Department of Energy;'';
            (C) by striking subsections

    (b) ,
            (c) ,
            (d) ,

    (e) ,

    (g) ,

    (h) , and
            (i) and redesignating subsection

    (f) as 
 subsection

    (b) ;
            (D) in subsection

    (b) , as so redesignated--
            (i) in paragraph

    (1) , in the first 
 sentence, by striking ``coastal waters 
 including the Great Lakes'' and inserting 
 ``marine, estuarine, and freshwater systems''; 
 and
            (ii) in paragraph

    (2) --
            (I) by amending subparagraph
        (A) to 
 read as follows:
 ``
        (A) examine--
 ``
            (i) the causes and ecological 
 consequences of hypoxia on marine and aquatic 
 species in their environments; and
 ``
            (ii) the costs of hypoxia, including 
 impacts on food safety and security;'';
            (II) by redesignating subparagraphs
        (B) ,
            (C) , and
            (D) as subparagraphs
            (D) ,
        (E) , and
        (F) , respectively;
            (III) by inserting after 
 subparagraph
        (A) the following:
 ``
        (B) examine the effect of other environmental 
 stressors on hypoxia;
 ``
            (C) evaluate alternatives for reducing, 
 mitigating, and controlling hypoxia and its 
 environmental impacts;''; and
            (IV) in subparagraph
        (E) , as 
 redesignated by subclause
            (II) , by 
 striking ``hypoxia modeling and 
 monitoring data'' and inserting 
 ``hypoxia modeling, forecasting, and 
 monitoring and observation data''; and
        (E) by adding at the end the following:
 ``
            (c) Action Strategy and Scientific Assessment for Marine and 
Freshwater Harmful Algal Blooms.--
 ``

    (1) In general.--Not less frequently than once every 5 
 years, the Task Force shall complete and submit to Congress an 
 action strategy for harmful algal blooms in the United States.
 ``

    (2) Elements.--Each Action Strategy shall--
 ``
        (A) examine, and include a scientific assessment 
 of, marine and freshwater harmful algal blooms, 
 including such blooms--
 ``
            (i) in the Great Lakes;
 ``
            (ii) in the upper reaches of estuaries;
 ``
            (iii) in freshwater lakes and rivers;
 ``
            (iv) in coastal and marine waters; and
 ``
            (v) that originate in freshwater lakes or 
 rivers and migrate to coastal waters;
 ``
        (B) examine the causes, ecological consequences 
 or physiological consequences on wildlife function, and 
 economic or cultural impacts, including food safety and 
 security and subsistence use, of harmful algal blooms;
 ``
            (C) examine the effect of other environmental 
 stressors on harmful algal blooms;
 ``
            (D) examine potential methods to prevent, 
 control, and mitigate harmful algal blooms and the 
 potential ecological, subsistence use, and economic 
 costs and benefits of such methods;
 ``
        (E) identify priorities for research needed to 
 advance techniques and technologies to detect, predict, 
 monitor, respond to, and minimize the occurrence, 
 duration, and severity of harmful algal blooms, 
 including recommendations to eliminate significant gaps 
 in harmful algal bloom forecasting, monitoring, and 
 observation data;
 ``
        (F) evaluate progress made by, and the needs of, 
 activities and actions of the Task Force to prevent, 
 control, and mitigate harmful algal blooms;
 ``
        (G) identify ways to improve coordination and 
 prevent unnecessary duplication of effort among Federal 
 agencies with respect to research on harmful algal 
 blooms; and
 ``
        (H) include regional chapters relating to the 
 requirements described in this paragraph in order to 
 highlight geographically and ecologically diverse 
 locations with significant ecological, subsistence use, 
 cultural, and economic impacts from harmful algal 
 blooms.
 ``
            (d) Consultation.--In carrying out subsections

    (b) and
            (c) , the 
Task Force shall consult with--
 ``

    (1) States, Indian tribes, and local governments; and
 ``

    (2) appropriate industries (including fisheries, 
 agriculture, and fertilizer), academic institutions, and 
 nongovernmental organizations with relevant expertise.''.

    (2) Clerical amendment.--The table of contents in 

section 2 
 of the Coast Guard Authorization Act of 1998 (Public Law 105-
 383; 112 Stat. 3412; 136 Stat. 1268) is amended by striking the 
 item relating to 

section 603 and inserting the following:

``

Sec. 603. Task Force, assessments, and Action Strategy.''.

    (3) Conforming amendment.--

Section 102 of the Harmful Algal 
 Bloom and Hypoxia Amendments Act of 2004 (33 U.S.C. 4001a) is 
 amended by striking ``In developing'' and all that follows 
 through ``management.''.

    (b) National Harmful Algal Bloom and Hypoxia Program.--

Section 603A 
of the Harmful Algal Bloom and Hypoxia Research and Control Act of 1998 
(33 U.S.C. 4002) is amended--

    (1) in subsection

    (a) --
        (A) in paragraph

    (1) --
            (i) by striking ``predicting,'' and 
 inserting ``monitoring, observing, 
 forecasting,''; and
            (ii) by striking ``and'' after the 
 semicolon; and
        (B) by striking paragraph

    (2) and inserting the 
 following:
 ``

    (2) the scientific assessment submitted under 

section 603

    (b) ; and
 ``

    (3) the Action Strategy.'';

    (2) in subsection
            (c) --
        (A) in paragraph

    (3) , by striking ``ocean and Great 
 Lakes science and management programs and centers'' and 
 inserting ``programs and centers relating to the 
 science and management of marine, estuarine, and 
 freshwater systems''; and
        (B) in paragraph

    (5) , by inserting ``while 
 recognizing each agency is acting under its own 
 independent mission and authority'' before the 
 semicolon;

    (3) in subsection
            (d) , by striking ``Except as provided in 
 subsection

    (h) , the'' and inserting ``The'';

    (4) in subsection

    (e) --
        (A) by striking paragraph

    (2) and inserting the 
 following:
 ``

    (2) examine the causes, ecological consequences, and 
 costs of harmful algal blooms and hypoxia;'';
        (B) in paragraph

    (3) --
            (i) in subparagraph
        (B) , by inserting ``, 
 including the annual Gulf of Mexico hypoxia 
 zone mapping cruise'' after ``Program'';
            (ii) in subparagraph
            (C) , by striking 
 ``and'' after the semicolon; and
            (iii) by adding at the end the following:
 ``
        (E) to identify opportunities to improve 
 monitoring of harmful algal blooms and hypoxia, with a 
 particular focus on waters that may affect fisheries, 
 public health, or subsistence harvest;
 ``
        (F) to evaluate adaptation and mitigation 
 strategies to address the impacts of harmful algal 
 blooms and hypoxia;
 ``
        (G) to support the resilience of the seafood 
 industry to harmful algal blooms and to expand access 
 to testing for harmful algal bloom toxins, including 
 for subsistence and recreational harvesters, through 
 innovative methods that increase the efficiency and 
 effectiveness of such testing in rural and remote 
 areas;
 ``
        (H) to support sustained observations to provide 
 State and local entities, Indian tribes, and other 
 entities access to real-time or near real-time 
 observations data for decision making to protect human 
 and ecological health and local economies; and
 ``
            (I) to assess the combined effects of harmful 
 algal blooms, hypoxia, and stressors such as runoff and 
 infrastructure changes on marine, freshwater, or 
 estuarine ecosystems and living resources;'';
            (C) in paragraph

    (4) , by striking ``agencies'' and 
 inserting ``entities, regional coastal observing 
 systems (as defined in 

section 12303 of the Integrated 
 Coastal and Ocean Observation System Act of 2009 (33 
 U.S.C. 3602)),'';
            (D) in paragraph

    (6) , by inserting ``and 
 communities'' after ``ecosystems'';
        (E) in paragraph

    (8) , by inserting ``and Indian 
 tribes'' after ``managers'';
        (F) in paragraph

    (9)
        (A) , by striking ``, tribal, 
 and local stakeholders'' and inserting ``and local 
 stakeholders and Indian tribes, Tribal organizations, 
 and Native Hawaiian organizations'';
        (G) by redesignating paragraphs

    (3) ,

    (4) ,

    (5) ,

    (6) ,

    (7) ,

    (8) ,

    (9) ,

    (10) , and

    (11) as paragraphs

    (4) ,

    (5) ,

    (6) ,

    (7) ,

    (8) ,

    (9) ,

    (10) ,

    (12) , and

    (13) , respectively;
        (H) by inserting after paragraph

    (2) the following:
 ``

    (3) consult with entities that are most dependent on 
 coastal and water resources that may be impacted by marine and 
 freshwater harmful algal blooms and hypoxia, including--
 ``
        (A) State and local entities;
 ``
        (B) Indian tribes, Tribal organizations, and 
 Native Hawaiians organizations;
 ``
            (C) island communities;
 ``
            (D) low-population rural communities;
 ``
        (E) subsistence communities; and
 ``
        (F) fisheries and recreation industries;''; and
            (I) by inserting after paragraph

    (10) , as 
 redesignated by subparagraph
        (G) , the following:
 ``

    (11) expand access to testing for harmful algal bloom 
 toxins, including for subsistence and recreational harvesters, 
 through innovative methods that increase the efficiency and 
 effectiveness of such testing in rural and remote areas;'';

    (5) by amending subsections

    (f) to read as follows:
 ``

    (f) Cooperation; Duplication of Effort.--The Under Secretary 
shall work cooperatively with and avoid duplication of effort of other 
agencies on the Task Force and States, Indian tribes, Tribal 
organizations, Native Hawaiian organizations, and nongovernmental 
organizations concerned with marine and freshwater issues.''; and

    (6) by striking subsection

    (g) ,

    (h) , and
            (i) .
            (c) National Oceanic and Atmospheric Administration Activities.--

    (1) In general.--

Section 603B of the Harmful Algal Bloom 
 and Hypoxia Research and Control Act of 1998 (33 U.S.C. 4003) 
 is amended to read as follows:

``

SEC. 603B. NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION 
 ACTIVITIES.

 ``

    (a) In General.--The Under Secretary shall--
 ``

    (1) carry out response activities for marine, coastal, 
 and Great Lakes harmful algal bloom and hypoxia events;
 ``

    (2) develop and enhance operational harmful algal bloom 
 observing and forecasting programs, including operational 
 observations and forecasting, monitoring, modeling, data 
 management, and information dissemination;
 ``

    (3) develop forecast modeling that includes the effect of 
 hurricanes and other weather events on the resuspension of 
 bioavailable nutrients in sediments and related interactions 
 with harmful algal blooms;
 ``

    (4) enhance communication and coordination among Federal 
 agencies carrying out activities and research relating to 
 marine and freshwater harmful algal blooms and hypoxia;
 ``

    (5) leverage existing resources and expertise available 
 from local research universities and institutions; and
 ``

    (6) use cost effective methods in carrying out this 
 section.
 ``

    (b) Integrated Coastal and Ocean Observation System.--The 
collection of monitoring and observing data under this section shall 
comply with all data standards and protocols developed pursuant to the 
Integrated Coastal and Ocean Observation System Act of 2009 (33 U.S.C. 
3601 et seq.). Such data shall be made available through the National 
Integrated Coastal and Ocean Observation System established under 

section 12304 of that Act (33 U.S.C. 3603).''.

    (2) Clerical amendment.--The table of contents in 

section 2 
 of the Coast Guard Authorization Act of 1998 (Public Law 105-
 383; 112 Stat. 3412; 136 Stat. 1268) is amended by striking the 
 item relating to 

section 603B and inserting the following:

``

Sec. 603B. National Oceanic and Atmospheric Administration 
 activities.''.
            (d) Environmental Protection Agency Activities.--

    (1) In general.--The Harmful Algal Bloom and Hypoxia 
 Research and Control Act of 1998 is amended by inserting after 
 

section 603B (33 U.S.C. 4003) the following:

``

SEC. 603C. ENVIRONMENTAL PROTECTION AGENCY ACTIVITIES.

 ``

    (a) In General.--The Administrator shall--
 ``

    (1) carry out research on the ecology and human health 
 impacts of freshwater harmful algal blooms and hypoxia events;
 ``

    (2) develop and enhance operational freshwater harmful 
 algal bloom monitoring, observing, and forecasting programs in 
 lakes, rivers, and reservoirs, and coordinate with the National 
 Oceanic and Atmospheric Administration on such programs in the 
 Great Lakes and estuaries (including tributaries thereof), 
 including operational observations and forecasting, monitoring, 
 modeling, data management, and information dissemination, to 
 support event response, prioritization, prevention, adaptation, 
 and mitigation activities;
 ``

    (3) enhance communication and coordination among Federal 
 agencies carrying out freshwater harmful algal bloom and 
 hypoxia activities and research;
 ``

    (4) to the greatest extent practicable, leverage existing 
 resources and expertise available from Federal and State 
 partners and local research universities and institutions; and
 ``

    (5) use cost-effective methods in carrying out this 
 section.
 ``

    (b) Nonduplication.--The Administrator shall ensure that 
activities carried out under subsection

    (a) focus on new approaches to 
addressing freshwater harmful algal blooms and are not duplicative of 
existing research and development programs authorized by this title or 
any other law.''.

    (2) Clerical amendment.--The table of contents in 

section 2 
 of the Coast Guard Authorization Act of 1998 (Public Law 105-
 383; 112 Stat. 3412; 136 Stat. 1268) is amended by inserting 
 after the item relating to 

section 603B the following:

``

Sec. 603C. Environmental Protection Agency activities.''.

    (e) National Harmful Algal Bloom Observing Network.--

    (1) In general.--

Section 606 of the Harmful Algal Bloom and 
 Hypoxia Research and Control Act of 1998 (33 U.S.C. 4005) is 
 amended to read as follows:

``

SEC. 606. NATIONAL HARMFUL ALGAL BLOOM OBSERVING NETWORK.

 ``

    (a) In General.--The Under Secretary, acting through the National 
Centers for Coastal Ocean Science and the Integrated Ocean Observing 
System of the National Oceanic and Atmospheric Administration, shall 
integrate Federal, State, regional, and local observing capabilities to 
establish a national network of observing systems for the monitoring, 
detection, and forecasting of harmful algal blooms by leveraging the 
capacity of regional associations of the Integrated Ocean Observing 
System, including through the incorporation of emerging technologies 
and new data integration methods.
 ``

    (b) Coordination and Data Assembly.--In carrying out subsection

    (a) , the Program Office of the Integrated Ocean Observing System 
shall--
 ``

    (1) coordinate with the National Centers for Coastal 
 Ocean Science regarding observations, data integration, and 
 information dissemination;
 ``

    (2) organize, integrate, disseminate, and provide a 
 central architecture to support ecological forecasting of 
 harmful algal blooms; and
 ``

    (3) coordinate with the Water Quality Portal to store and 
 serve discrete data related to the monitoring of freshwater, 
 estuarine, and coastal harmful algal blooms.''.

    (2) Clerical amendment.--The table of contents in 

section 2 
 of the Coast Guard Authorization Act of 1998 (Public Law 105-
 383; 112 Stat. 3412; 136 Stat. 1268) is amended by striking the 
 item relating to 

section 606 and inserting the following:

``

Sec. 606. National harmful algal bloom observing network.''.

    (f) National-Level Incubator Program.--

    (1) In general.--The Harmful Algal Bloom and Hypoxia 
 Research and Control Act of 1998 is amended by inserting after 
 

section 606 (33 U.S.C. 4005) the following:

``

SEC. 606A. NATIONAL-LEVEL INCUBATOR PROGRAM.

 ``

    (a) In General.--The Under Secretary, in collaboration with the 
Administrator and research universities and institutions, shall 
establish a national-level incubator program (in this section referred 
to as the `program') to increase the number of strategies, 
technologies, and measures available to prevent, mitigate, and control 
harmful algal blooms.
 ``

    (b) Framework.--The program shall establish a framework for 
preliminary assessments of novel strategies, technologies, and measures 
to prevent, mitigate, and control harmful algal blooms in order to 
determine the potential effectiveness and scalability of such 
technologies.
 ``
            (c) Funding.--The program shall provide merit-based funding, 
using amounts otherwise available to the Under Secretary for the award 
of grants, for strategies, technologies, and measures that eliminate or 
reduce, through biological, chemical, or physical means, the levels of 
harmful algae and associated toxins resulting from harmful algal 
blooms.
 ``
            (d) Database.--The program shall include a database for 
cataloging the licensing and permitting requirements, economic costs, 
feasibility, effectiveness, and scalability of novel and established 
strategies, technologies, and measures to prevent, mitigate, and 
control harmful algal blooms.
 ``

    (e) Prioritization.--In carrying out the program, the Under 
Secretary shall prioritize proposed strategies, technologies, and 
measures that would, to the maximum extent practicable--
 ``

    (1) protect key habitats for fish and wildlife;
 ``

    (2) maintain biodiversity;
 ``

    (3) protect public health;
 ``

    (4) protect coastal resources of national, historical, 
 and cultural significance; or
 ``

    (5) benefit low-income communities, Indian tribes, and 
 rural communities.''.

    (2) Clerical amendment.--The table of contents in 

section 2 
 of the Coast Guard Authorization Act of 1998 (Public Law 105-
 383; 112 Stat. 3412; 136 Stat. 1268) is amended by inserting 
 after the item relating to 

section 606 the following:

``

Sec. 606A. National-level incubator program.''.

    (g) 

=== Definitions. ===
-

Section 609 of the Harmful Algal Bloom and 
Hypoxia Research and Control Act of 1998 (33 U.S.C. 4008) is amended--

    (1) in paragraph

    (1) , by striking ``means the comprehensive 
 research plan and action strategy established under 

section 603B'' and inserting ``means the action strategy for harmful 
 algal blooms in the United States most recently submitted under 
 

section 603
            (c) '';

    (2) by amending paragraph

    (3) to read as follows:
 ``

    (3) Harmful algal bloom.--The term `harmful algal bloom' 
 means a high concentration of marine or freshwater algae 
 (including diatoms), macroalgae (including Sargassum), or 
 cyanobacteria resulting in nuisance conditions or harmful 
 impacts on marine and freshwater ecosystems, subsistence 
 resources, communities, or human health through the production 
 of toxic compounds or other biological, chemical, or physical 
 impacts of the bloom.'';

    (3) by striking paragraph

    (9) ;

    (4) by redesignating paragraphs

    (4) ,

    (5) ,

    (6) ,

    (7) , and

    (8) as paragraphs

    (5) ,

    (8) ,

    (9) ,

    (11) , and

    (13) , respectively;

    (5) by inserting after paragraph

    (3) the following:
 ``

    (4) Harmful algal bloom and hypoxia event.--The term 
 `harmful algal bloom and hypoxia event' means the occurrence of 
 a harmful algal bloom or hypoxia as a result of a natural, 
 anthropogenic, or undetermined cause.'';

    (6) in paragraph

    (5) , as redesignated by paragraph

    (4) --
        (A) by striking ``aquatic'' and inserting ``marine 
 or freshwater''; and
        (B) by striking ``resident'' and inserting ``marine 
 or freshwater'';

    (7) by inserting after paragraph

    (5) , as redesignated by 
 paragraph

    (4) , the following:
 ``

    (6) Indian tribe.--The term `Indian tribe' has the 
 meaning given that term in 

section 4 of the Indian Self-
 Determination and Education Assistance Act (25 U.S.C. 5304).
 ``

    (7) Native hawaiian organization.--The term `Native 
 Hawaiian organization' has the meaning given that term in 
 

section 6207 of the Elementary and Secondary Education Act of 
 1965 (20 U.S.C. 7517) and includes the Department of Hawaiian 
 Home Lands and the Office of Hawaiian Affairs.'';

    (8) by inserting after paragraph

    (9) , as redesignated by 
 paragraph

    (4) , the following:
 ``

    (10) Subsistence use.--The term `subsistence use' means 
 the customary and traditional use of fish, wildlife, or other 
 freshwater, coastal, or marine resources by any individual or 
 community to meet personal or family needs, including essential 
 economic, nutritional, or cultural applications.''; and

    (9) by inserting after paragraph

    (11) , as redesignated by 
 paragraph

    (4) , the following:
 ``

    (12) Tribal organization.--The term `Tribal organization' 
 has the meaning given that term in 

section 4 of the Indian 
 Self-Determination and Education Assistance Act (25 U.S.C. 
 5304).''.

    (h) Authorization of Appropriations.--

Section 610 of the Harmful 
Algal Bloom and Hypoxia Research and Control Act of 1998 (33 U.S.C. 
4009) is amended--

    (1) by amending subsection

    (a) to read as follows:
 ``

    (a) In General.--There is authorized to be appropriated to carry 
out this title, for each of fiscal years 2026 through 2030--
 ``

    (1) $19,500,000 to the Under Secretary; and
 ``

    (2) $8,000,000 to the Administrator.''; and

    (2) by adding at the end the following:
 ``
            (c) Transfer Authority.--As specifically provided in advance in 
appropriations Acts, the Under Secretary or the Administrator may 
transfer funds made available to carry out this title to the head of 
any Federal department or agency, with the concurrence of such head, to 
carry out, as appropriate, relevant provisions of this title and 

section 9

    (g) of the National Integrated Drought Information System 
Reauthorization Act of 2018 (33 U.S.C. 4010).''.

SEC. 3. OTHER HARMFUL ALGAL BLOOM AND HYPOXIA MATTERS.

 

Section 9

    (g) of the National Integrated Drought Information System 
Reauthorization Act of 2018 (33 U.S.C. 4010) is amended--

    (1) in paragraph

    (1) --
        (A) in subparagraph
        (B) , by adding at the end the 
 following new sentence: ``The appropriate Federal 
 official may waive the non-Federal share requirements 
 of the preceding sentence if such official determines 
 no reasonable means are available through which the 
 recipient of the Federal share can meet the non-Federal 
 share requirement.''; and
        (B) by adding at the end the following:
 ``
            (D) Contract, cooperative agreement, and grant 
 authority.--The appropriate Federal official may enter 
 into contracts, cooperative agreements, and grants with 
 States, Indian Tribes, Tribal organizations, Native 
 Hawaiian organizations, local governments, or other 
 entities to pay for or reimburse costs incurred by such 
 entities for the purposes of supporting the 
 determination of, and assessing the environmental, 
 economic, subsistence use, and public health effects 
 of, an event of national significance.'';

    (2) in paragraph

    (2) --
        (A) in subparagraph
        (A) , by inserting ``a 
 leadership official of an affected Indian Tribe, the 
 executive official of the District of Columbia, or the 
 executive official of an affected territory or 
 possession of the United States,'' after ``State,''; 
 and
        (B) in subparagraph
        (B) , by striking ``consider'' 
 and all that follows through ``boundary.'' and 
 inserting ``consider factors such as--
 ``
            (i) the risk to public health and the 
 potential severity of the detrimental 
 environmental effects of the hypoxia or harmful 
 algal bloom event, as indicated by--
 ``
            (I) data on shellfish or water 
 quality obtained through sampling 
 programs, including baseline data, and 
 regulatory or advisory thresholds 
 established to explain management 
 actions related to the event;
 ``
            (II) toxin levels in fish, marine 
 mammals, seabirds, shellfish, or water 
 during the event;
 ``
            (III) toxic aerosols produced 
 during the event, including potential 
 human exposures to toxic aerosols;
 ``
            (IV) reports of human or animal 
 illnesses or mortalities during the 
 event;
 ``
            (V) any closures of fishing or 
 shellfish harvesting locations or 
 recreational public waters, including 
 beaches, during the event;
 ``
            (VI) the duration and spatial 
 extent of the event; or
 ``
            (VII) impacts to habitats or 
 ecosystems associated with the event;
 ``
            (ii) the potential economic, food safety 
 and security, and subsistence impacts 
 associated with the hypoxia or harmful algal 
 bloom event, including to fisheries and 
 aquaculture, recreation and tourism, monitoring 
 and management, resource use, and event 
 response activities, assessed in comparison 
 with historical data from when a State or 
 region did not experience such an event, as 
 possible, as indicated by--
 ``
            (I) increases in public health 
 expenditures;
 ``
            (II) losses to commercial 
 fisheries and aquaculture industries, 
 recreation and tourism, real estate, 
 and other impacted industries or 
 businesses;
 ``
            (III) increases in monitoring and 
 management expenditures, including 
 costs incurred for event response and 
 clean-up (such as for beach clean-up 
 following an influx of biomass or a 
 fish-kill) by public or private 
 sectors; or
 ``
            (IV) impacts to subsistence 
 resources, including nutritional, 
 resource use, and economic effects on 
 subsistence communities;
 ``
            (iii) the relative magnitude of those 
 impacts in relation to past occurrences of 
 hypoxia or harmful algal bloom events that 
 occur on a recurrent or annual basis; and
 ``
            (iv) the geographic scope of the hypoxia 
 or harmful algal bloom event, including the 
 potential of the event to affect several 
 municipalities, to affect more than 1 State, or 
 to cross an international boundary.'';

    (3) in paragraph

    (3) , by adding at the end the following:
 ``
            (D) Indian tribe.--The term `Indian Tribe' has 
 the meaning given that term in 

section 4 of the Indian 
 Self-Determination and Education Assistance Act (25 
 U.S.C. 5304).
 ``
        (E) Native hawaiian organization.--The term 
 `Native Hawaiian organization' has the meaning given 
 that term in 

section 6207 of the Elementary and 
 Secondary Education Act of 1965 (20 U.S.C. 7517) and 
 includes the Department of Hawaiian Home Lands and the 
 Office of Hawaiian Affairs.
 ``
        (F) Subsistence use.--The term `subsistence use' 
 means the customary and traditional use of fish, 
 wildlife, or other freshwater, coastal, or marine 
 resources by any individual or community to meet 
 personal or family needs, including essential economic, 
 nutritional, or cultural applications.
 ``
        (G) Tribal organization.--The term `Tribal 
 organization' has the meaning given that term in 
 

section 4 of the Indian Self-Determination and 
 Education Assistance Act (25 U.S.C. 5304).''; and

    (4) by adding at the end the following:
 ``

    (4) Authorization of appropriations.--There is authorized 
 to be appropriated to carry out this subsection $2,000,000 for 
 each of fiscal years 2026 through 2030, to remain available 
 until expended.''.

 Passed the Senate September 10, 2025.

 Attest:

 Secretary.
119th CONGRESS

 1st Session

 S. 93

_______________________________________________________________________

 AN ACT

 To amend the Harmful Algal Bloom and Hypoxia Research and Control Act 
 of 1998 to address harmful algal blooms, and for other purposes.